After a slip and fall, trucking accident, car accident, or any other type of accident, you may be facing significant medical bills. These days, just one visit to the ER can cost thousands or even tens of thousands of dollars.
Worrying about compensation for these bills while recovering from your injury is not an ideal situation. But once you talk to our experienced attorneys at Kiefer & Kiefer, you can trust us to handle the insurance companies, make sure you get the medical care you need, and ensure the case is moving as swiftly as possible. Read on to get our insights when it comes to paying with your health insurance.
Yes, you can and should use health insurance to pay medical bills after an accident
The short answer is yes, you can absolutely use (and should use) your health insurance following an accident to pay your medical bills even if the accident is someone else’s fault.
In Louisiana, a tortfeasor, or the person at fault, is responsible for all of the damages that are reasonably foreseeable based on his or her negligent acts.
When making a claim against the person at fault for negligence, we seek compensation for all of the medical expenses that our clients faced because of the accident, as supported by the professional opinion of medical experts. That includes medical expenses that have already been fully paid by your health insurer.
Many of our clients are under the impression that they cannot use their health insurance if they were involved in an automobile accident or have a claim or case pending. This is not true. If you are hurt in an accident, you can 100% use your health insurance to pay for your medical bills from the accident.
Louisiana’s Collateral Source Rule
Under current Louisiana law, if you have private health insurance, it may be more beneficial to you in your case to use it. According to the law, the person at fault must pay the full price that was in your medical bill, regardless of how much your insurance company has already paid.
What that means, simply, is that you are entitled to collect 100% of the bills that went to your insurance company, not just what your insurance company paid your healthcare provider.
For example:
- Emergency bill = $10,000 → Insurance company only paid $1,000 → You are entitled to seek $10,000 from the person at fault
Subrogation rights
Subrogation is a way for your insurance company to protect itself from paying for an accident that wasn’t your fault.
If recovering expenses from the other party’s insurer are delayed for any reason, your insurance will often step in to help pay for your bills. In Louisiana, your health insurer may be entitled to seek reimbursement for the amount that it paid when it stepped in.
An example of subrogation:
Emergency bill = $10,000
- Your health insurance pays a discount price of $1,000 while the case is in progress
- The case is over and damages are awarded, which includes compensation for said emergency bill
- Your health insurance can claim the $1,000 through subrogation rights
The good news is that we handle any of these subrogation claims for you with your injury case.
Contact our attorneys at Kiefer and Kiefer– We have decades of experience
When you suffer an injury, there are many steps along the way that may be missed without the right attorneys. Kiefer & Kiefer is a decades-old firm dedicated to helping New Orleans families recover from serious personal injuries. We care about our clients and support them through difficult situations. Get in touch with our team today.